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Madras High CourtCRL OP(MD)/1608/2017ordered

Arumugam, v. State Rep. By

2017-03-08Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.1608 of 2017 1 ARUMUGAM 2 MAYANDI ... PETITIONER/ACCUSED NO.1&2 Vs STATE REP. BY THE INSPECTOR POLICE, MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

(crime no.9 of 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.ANGUSAMY Advocate For Respondent : M/S.S.PRABHA,Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Crl.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 353,307 and 379 of the Indian Penal Code, in Crime No.9 of 2017, on the file of the respondent police, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent/State.

3.The learned Government Advocate, on instructions, submitted that the first petitioner has previous case. Insofar as the second petitioner is concerned, he has no previous case. 4.Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the first petitioner. However, the second petitioner is entitled for the grant of Anticipatory Bail, however with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Srivaikundam, Thoothukudi District and on his executing a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the second Petitioner shall appear before the respondent police every day at 10.30 AM, until further orders. The Second petitioner shall comply with the condition stipulated under Section 438 Cr.P.c. scrupulously. This Criminal Original Petition is dismissed insofar https://hcservices.ecourts.gov.

as the first petitioner is concerned.

5.The second petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 08/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3.THE INSPECTOR POLICE, MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.ANGUSAMY Advocate SR.No.13503

ORDER

IN CRL OP(MD) No.1608 of 2017 Date :08/03/2017 AAM-RSK SAR3 /14.03.2017 2P 6C https://hcservices.ecourts.gov.in/hcservices/